GENERAL ASSEMBLY OF NORTH CAROLINASESSION 2009H 1HOUSE BILL 1313
Short Title: Regulate Public Adjusters.-AB (Public)Sponsors: Representatives Goforth, Wray (Primary Sponsors); and Lucas.Referred to: Insurance, if favorable, Finance.April 9, 2009
A BILL TO BE ENTITLED1AN ACT TO PROVIDE FOR MEANINGFUL REGULATION OF INSURANCE PUBLIC2ADJUSTERS.3The General Assembly of North Carolina enacts:4
Chapter 58 of the General Statutes is amended by adding a new5Article to read:6"Article 33A.7"Public Adjusters.8"
§ 58-33A-1. Purpose and scope.
9This Article governs the qualifications and procedures for the licensing of public adjusters.10It specifies the duties of and restrictions on public adjusters, which include limiting their11licensure to assisting insureds in first-party claims.12"
§ 58-33A-5. Definitions.
13(1) Business entity. – A corporation, association, partnership, limited liability14company, limited liability partnership, or other legal entity.15(2) Catastrophic incident. – As defined in the National Response Framework,16any natural or man-made incident, including terrorism, that results in17extraordinary levels of mass casualties, damage, or disruption severely18affecting the population, infrastructure, environment, economy, national19morale, and/or government functions. A catastrophic incident shall be20declared by the President of the United States or the Governor of the state or21district in which the disaster occurred. If state and local resources are22insufficient, the Governor may ask the President of the United States to23make such a declaration.24(3) Fingerprints. – An impression of the lines on the finger taken for purpose of 25identification. The impression may be electronic or in ink converted to26electronic format.27(4) Home state. – The District of Columbia and any state or territory of the28United States in which the public adjuster's principal place of residence or29principal place of business is located. If neither the state in which the public30adjuster maintains the principal place of residence nor the state in which the31public adjuster maintains the principal place of business has a substantially32similar law governing public adjusters, the public adjuster may declare33another state in which it becomes licensed and acts as a public adjuster to be34the home state.35(5) Individual. – A natural person.36(6) Person. – An individual or a business entity.37